The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1887-12-13

he Governors" which said bills.
have been duly passed by the LeGis-
latnre, is not countersigned by Il
Minister, and
Whereas, His Maiesty's Minis
tiers have stated to the Legislature
that such message, and the action
based thereon, were made without
the advice and consent of the Cabi.
net, and
Whereas, it is a fundamental
principle Of the Constitution, and Of
the system of Government based
thereon, that the sovereign shall act
in the matters Of state only through
responsible Ministers, therefore be it
Resolved, that it is the sense of
the Legislature that the Royal as
sent has not been refused to the
bills entitled, respectively, "An Act
to abolish the Office of Governors"
and "An Act to provide for the dis
charge of certain duties heretofore
performed by the Governors" ac-
cording to the intent and meaning
of the Constitution, and that said
message and the action thereon
based is of no effect, and be 1t fur
Their
Resolved, that said bills, with the
message accompanying them, shall
be, and are hereby, through the
Cabinet referred back to His Ma
jesty for such further OF final action
as may be necessary; and be it fur
Their
Resolved, that committee Of
thirteen members of this Assembly
be appointed to wait upon His Ma
jesty, with the Cabinet, and inform
him respectfully of the action of the
Legislature in the premises.
Mr.. Baldwin moves the adoption
of the resolution.
Mr.. Nakaleka moved to indeli-
nitely postpone.
Mr.. Castle stated that as the in
PRODUCER of the resolution he deem
ed an explanation necessary. He
said that undCr the new Constitu-
ton the people governed. The
country was not under an absolute
monarch as before that the Legis-
lature was equal in power to the
King. He went into detailed analy-
sis of the Constitution, pointing out
why the act of veto was invalid.
He quoted from Cooley on Consti-
tutions," showing what construc-
tons should be placed on each and
every article of Constitution. The
Constitution gives the Legislature
the right TO enact laws, and makes
the Ministers responsible for the
acts of the King. If this right is
not recognized, we shall be where
we were prior to June Both, 1887.
Mr.. Paehaole said that Article 48
states clearly what the King shall
do, when bill is presented to him.
If the King had returned these bills
by the advice of the Cabinet without
signing them, it would have been
constitutional, according to the argu-
ment of Mr.. Castle. In reading
over Article AZ of the Constitution
he finds that if the King does not
approve bill, he shall send it back
to the House with his reasons for
disapproval. Nothing is said about
it being countersigned by one of the
Ministers. The King has complied
with the provisions of this Article of
the Constitution.
Mr.. Widemann stated that the
introducer of this resolution had
evidently convinced himself that
his views are correct, but he has
failed TO convince me that they are
so. The clause in the new Consti-
tuition stating that any acts of the
King must be countersigned by a
member of the Cabinet is solely for
executive acts and not for judicial.
This question can only be decided
by the Supreme Court. What we
do to-day, may be undone to-mor-
| row.
Mr.. Kamauoha supported the re-
marks of Mr.. Paehaole.
Mr.. Townsend reviewed the rise
of Constitutional Government in
America and England, and history
of the Hawaiian Constitution, when
the monday recess came.